Arbitration Links

Welcome to Linklaters' Arbitration blog where you can find insights, updates and news from our team of experts.

Hong Kong introduces Third Party Funding for Arbitration

The Hong Kong Government has announced that amendments to the Arbitration Ordinance, allowing for third party funding of arbitration in Hong Kong, will come into effect on 1 February 2019. This is a long awaited and highly anticipated development. In...

Service by diplomatic channels is mandatory to enforce award against a State in the UK

In General Dynamics UK Ltd v Libya Queen's Bench Division [2019] EWHC 64 (Comm), the English Commercial Court held that an arbitral award against a State cannot be enforced in the United Kingdom without service on that State of court documents in...

EU Member States announce their intention to terminate intra-EU BITs

In early January, the EU Member States announced their intention to terminate all intra-EU bilateral investment treaties. Their declarations come in reaction to last year’s Achmea-decision on intra-EU investor-state dispute settlement....

Investment protection under the USMCA

After protracted negotiations which have been covered extensively in the press, the US signed the new United States, Mexico and Canada Agreement (“USMCA”) with Mexico and Canada on 30 November 2018. The USMCA replaces the North American...

U.S. Supreme Court: No FAA “wholly groundless” exception to tribunal’s jurisdiction over questions of arbitrability

The U.S. Supreme Court has issued a unanimous ruling holding that courts may not decide issues of arbitrability where the underlying arbitration agreement delegates such determinations to the arbitrator, even where the arbitration bid is argued to be...

Proposed Amendments to the Indian Arbitration and Conciliation Act 1996

The arbitration regime in India is primarily governed by the Arbitration and Conciliation Act, 1996 (“Act”). On 10 August 2018, the lower house of India’s bi-cameral parliament (Lok Sabha) passed the Arbitration and Conciliation...

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Year: 2017
Month: January
Topic: Investment Arbitration

Investment Arbitration in Australia: an update

31 January 2017 Alexander Fawke, Asia-Pacific; Australia

Tags

Arbitral Institutions & Rules; Arbitration Laws; Challenges & Set Aside; Costs; Investment Arbitration

The past year has seen a number of major developments in international arbitration in Australia, including the conclusion of new trade deals and the long-running Phillip Morris investment arbitration. This article surveys the most important changes in case law, legislation, investor-state dispute resolution and local arbitral institutions in the past year.

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Pierre Duprey

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+33156432728
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Matthew Weiniger QC

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+442074565523
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